The following are summaries of selected civil opinions issued by the Third Court of Appeals in April 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. Subsequent histories are current as of May 8, 2024.
PREMISES LIABILITY: Court reverses summary judgment, concluding plaintiffs were not trespassers.
Chavez v. Silverleaf Resorts, LLC, No. 03-22-00498-CV (Tex. App.—Austin April 3, 2024, no pet. h.) (mem. op.).
The Chavezes were injured when a Silverleaf cabin’s deck and stairway collapsed. Silverleaf contended the Chavezes were trespassers and thus it had no duty to warn or cure.
The trial court granted summary judgment for Silverleaf. Silverleaf contended the timeshare rules limited access to timeshare owners and their under-age-21 children, and that owners could not give others access to their unit when they were not present. Owners made the reservation, checked in, and left, leaving the unit for family members.